건축허가처분취소
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff (appointed party) who falls under the above revoked part.
Basic Facts
The following facts are not disputed between the parties, or the purport of Gap evidence 2-1 through 8, Eul evidence 3, Eul evidence 4-1, 2, Eul evidence 6-1, Eul evidence 8-1, Eul evidence 23-1, Eul evidence 23-2, Eul evidence 2-1, Eul evidence 4, 5, 6, Eul evidence 7-1, 2, Eul evidence 9, Eul evidence 10-1, Eul evidence 2, 3, 4, Eul evidence 2, 4-1 through 132, Eul evidence 23-1, 27, 29, 30, 31, 32, 34, 35, 37-3, 37, and 37 of the whole pleadings.
The construction of the E market building and the establishment E market building of F Co., Ltd. is a sales facility of reinforced concrete structure (hereinafter referred to as “instant commercial building”), which was completed on April 10, 1980, on the ground of 738.9 square meters (hereinafter referred to as “instant land”) in Jung-gu Seoul, Jung-gu, Seoul, with the first underground floor and the third floor above ground.
At the time of the construction of the commercial building, the owners of the commercial building in this case established the F Co., Ltd. (hereinafter “F”) for the management of the commercial building in this case, and acquired the F Co., Ltd.’s shares according to the number of their stores.
(E market buildings consisting of the instant commercial buildings and another sales facility built on the AW ground of Seoul Jung-gu adjacent to the instant land. Since the owners of the said sales facilities and the instant commercial buildings jointly establish F, if necessary, the said sales facilities and the instant commercial buildings collectively referred to as “the entire commercial buildings of this case”). F, after its establishment, held a regular general meeting of shareholders in February each year, and resolved on important matters concerning the overall management, such as the renovation and repair of the instant commercial buildings, and was actually operated as the management body of the instant commercial buildings, such as F’s representative director and the board of directors’ enforcement.
The Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 3725, Apr. 10, 1984) was enforced at the time of the completion of the instant commercial building by the sectional owner and the right holder of the site.
However, this case.